Kenya Supreme Court: 'No choice but to accept' opposition hacking claims

Fishing

Yet the bigger problem now is how to organise a new election.

A new election date has been set for October 17, although the opposition want it pushed back.

The court however found no evidence that President Uhuru Kenyatta used the release of funds to IDPs as a campaign tool to entice voters. Two dissenting judges delivered separate judgements.

A non-governmental organization on Monday filed two petitions claiming judges had improper contact with lawyers for opposition leader Raila Odinga during his court challenge of Kenyatta's win.

Mr Odinga went to court alleging that he had been cheated of victory and that the IEBC had not followed the law in the conduct of the election.

"But what did IEBC do with it?"

She added that the court was left with no choice but to determine that the election commission's "system was infiltrated and compromised and the data therein interfered with, or IEBC officials themselves interfered with the data, or it had bungled the transmission system and were unable to verify the data". "We do not need to look far for examples", said Chief Justice David Maraga.

Mwilu also said the IEBC announced results based on tallies documented in the Form 34Bs, totals from constituencies, without having received totals from each polling station, on forms known as 34As.

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Judges described the obscurity around the forms 34A as a "mysterious puzzle of labyrinthine proportions". Police spokesman George Kinoti called that accusation "not true", saying they have provided protection to all judges at their homes and workplaces. While admitting that "no election is flawless", the judges in the majority said that IEBC had disregarded electoral laws and behaved as if they "did not exist".

The electoral commission has disputed that its system was tampered with.

The explanation provided by the Supreme Court for its decision does point to a deeply flawed process - if not in the casting of ballots, certainly in the way the results were tallied, transmitted and verified.

"We find that the 2017 presidential election was neither transparent nor verifiable", leading to the unprecedented decision to nullify the vote, said Mwilu.

Separately, a French company that provided equipment for last month's elections says the biometric and results transmission equipment would not be ready for the new vote next month because it would have to be reinstalled.

The constitution dictates the poll take place within 60 days of the Supreme Court's ruling, which is October 31.

Ahead of the commencement of the court session, Maraga explained that Justice Smokin Wanjala, with whom he, Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola made the majority ruling voiding President Kenyatta's re-election, had travelled out of the country, hence his absence in the courtroom.

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